“(1)The Secretary of State may supply the Council with such information relating to individual teachers as the Council may request for the purpose of carrying out any of the 30functions conferred on them by or under this Chapter or as the Secretary of State considers it to be necessary or desirable for them to have for the purposes of those functions.

(1A)The Welsh Ministers may supply the Council with such information relating to individual teachers as the Council 35may request for the purpose of carrying out any of the functions conferred on them by or under this Chapter or as the Welsh Ministers consider it to be necessary or desirable for them to have for the purposes of those functions.”

(ii)15for “the General Teaching Council for Wales” substitute “the Council”.

13In the italic cross-heading above section 19, at the end insert “: teachers in Wales”.

14In section 19 (requirement to serve induction period)—

(a)20in subsection (1), after “schools” insert “in Wales”;

(b)in subsection (2)(i), for “either the Council or the General Teaching Council for Wales” substitute “the Council”;

(c)in subsection (3)—

(i)omit the words from the beginning to “established,”;

(ii)25for “one or both of those Councils (as appropriate)” substitute “the Council”;

(d)in subsection (4)(b), omit “or the General Teaching Council for Wales”.

15In section 42 (orders and regulations)—

(a)30omit subsection (3);

(b)in subsection (9)—

(i)omit the words from the beginning to “established,”;

(ii)omit “to which the regulations will relate”.

16(1)Schedule 1 is amended as follows.

(2)35In the title, for “England” substitute “Wales”.

(3)In paragraph 2, omit sub-paragraph (3).

(4)In paragraph 4(1)—

(a)in paragraph (a), for “the Secretary of State” substitute “they”;

(b)for paragraph (b) substitute—

“(b)40shall, as regards any member in whose case they may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of that member as they may determine.”

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(5)For paragraph 4(2) substitute—

“(2)If a person ceases to be a member of the Council and it appears to the Council that there are special circumstances which make it right that the person should receive compensation, the Council 5may make to that person a payment of such amount as they may determine.”

(6)In paragraph 4(3), for “the Secretary of State” substitute “they”.

(7)In paragraph 4(4), for “the Secretary of State” substitute “they”.

(8)In paragraph 5, omit sub-paragraph (4).

(9)10In paragraph 6—

(a)in sub-paragraph (1), omit “, with the consent of the Secretary of State,”;

(b)in sub-paragraph (3), for the words following paragraph (b) substitute “the Council may make provision for that person to 15continue to participate in that scheme, on such terms and conditions as they may determine, as if the person’s service as a member were service as an employee; and any such provision shall be without prejudice to paragraph 4.”

“(2)Regulations may also make provision for securing that any prohibition order made by virtue of Schedule 11A to the Education Act 2002 in relation to a teacher in England has a 25corresponding effect in relation to Wales.”

(b)5in Schedule 1 (minor and consequential amendments), in paragraph 23 (substitution of sections 167C and 167D of EA 2002), in the substituted section 167C, in subsection (5), omit “the General Teaching Council for England,”.

Other amendments

2110In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2, omit “General Teaching Council for England.”

22In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which superannuation schemes may be made), omit “General Teaching Council for England.”

2315In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) in Part 3, omit “Any member of the General Teaching Council for England in receipt of remuneration.”

24In section 50 of the Employment Rights Act 1996 (right to time off for public duties), in subsection (9) (definition of “relevant education body”) omit 20paragraph (i) (but not the “or” following it).

25In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 omit “The General Teaching Council for England.”

26In section 343 of the Income Tax (Earnings and Pensions) Act 2003 (deductions allowed from earnings: professional membership fees), in the 25Table in subsection (2), in part 7 omit paragraph (a) (fee for registration by the GTCE).

SCHEDULE 3Abolition of the GTCE: transfer schemes

Staff transfer schemes

1(1)The Secretary of State may make a scheme (a “staff transfer scheme”) 10providing—

(a)for a designated employee of the GTCE to become a member of staff of the Secretary of State (and accordingly to become employed in the civil service of the state);

(b)so far as may be consistent with employment in the civil service of 15the state, for the terms and conditions of the employee’s employment with the GTCE to have effect as if they were the conditions of service as a member of the Secretary of State’s staff;

(c)for the transfer to the Secretary of State of the rights, powers, duties and liabilities of the GTCE under or in connection with the 20employee’s contract of employment;

(d)for anything done (or having effect as if done) before that transfer by or in relation to the GTCE in respect of such a contract or the employee to be treated as having been done by or in relation to the Secretary of State.

(2)25A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State’s staff to count as a period during which the employee was a member of the Secretary of State’s staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3)30A staff transfer scheme may provide for the employee not to become a member of the Secretary of State’s staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

(4)A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the 35scheme not to be so treated.

(5)A staff transfer scheme may provide for an employee of the GTCE to become a member of the Secretary of State’s staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

40Property transfer schemes

2(1)The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the GTCE to the Secretary of State of designated property, rights or liabilities.

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(2)A property transfer scheme may—

(a)create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)provide for anything done by or in relation to the GTCE in 5connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the Secretary of State;

(c)apportion property, rights and liabilities;

(d)make provision about the continuation of legal proceedings.

(3)10The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

15Continuity

3A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the GTCE before the transfer takes effect.

Introduction

(2)The purpose of this Schedule is to comply with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“the E-5Commerce Directive”).

Domestic service providers: extension of liability

2(1)This paragraph applies where a service provider is established in England and Wales (a “domestic service provider”).

(2)Section 141G applies to a domestic service provider who—

(a)10publishes information in breach of section 141F(3) in an EEA state other than the United Kingdom, and

(b)does so in the course of providing information society services,

as it applies to a person who publishes such information in 15England and Wales.

(3)In such a case—

(a)proceedings for the offence may be taken at any place in England and Wales, and

(b)the offence may for all incidental purposes be treated as 20having been committed at any such place.

Non-UK service providers: restriction on proceedings

3(1)This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).

(2)25Proceedings for an offence under section 141G must not be brought against a non-UK service provider in respect of anything done in the course of the provision of information society services.

Exceptions for mere conduits

4(1)A service provider is not guilty of an offence under section 141G 30in respect of anything done in the course of providing so much of an information society service as consists in—

(a)the provision of access to a communication network, or

(b)the transmission in a communication network of information provided by a recipient of the service,

35if the following condition is satisfied.

(2)The condition is that the service provider does not—

(a)initiate the transmission,

(b)select the recipient of the transmission, or

(c)select or modify the information contained in the 40transmission.

(3)For the purposes of sub-paragraph (1)—

(a)the provision of access to a communication network, and

(b)the transmission of information in a communication network,

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includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4)Sub-paragraph (3) does not apply if the information is stored for 5longer than is reasonably necessary for the transmission.

Exception for caching

5(1)This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

(2)10The service provider is not guilty of an offence under section 141G in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a)the storage of the information is solely for the purpose of making more efficient the onward transmission of the 15information to other recipients of the service at their request, and

(b)the following conditions are satisfied.

(3)The first condition is that the service provider does not modify the information.

(4)20The second condition is that the service provider complies with any conditions attached to having access to the information.

(5)The third condition is that if the service provider obtains actual knowledge that—

(a)the information at the initial source of the transmission has 25been removed from the network,

(b)access to it has been disabled, or

(c)a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

30the service provider expeditiously removes the information or disables access to it.

Exception for hosting

6(1)A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of 35an information society service as consists in the storage of information provided by a recipient of the service, if the condition is met.

(2)The condition is that—

(a)the service provider had no actual knowledge when the 40information was provided that it contained offending material, or

(3)“Offending material” means material the publication of which constitutes an offence under section 141G.

(4)This paragraph does not apply if the recipient of the service is acting under the authority or control of the service provider.

5Interpretation

7(1)In this Schedule—

“information society services”—

(a)

has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of 10Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

(b)

is summarised in recital 17 of the E-Commerce 15Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

20“recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

(2)For the purpose of construing references in this Schedule to a service provider who is established in England and Wales or in an EEA state other than the United Kingdom—

(a)a service provider is established in England and Wales, or 30in an EEA state other than the United Kingdom, if the service provider—

(i)effectively pursues an economic activity using a fixed establishment in England and Wales, or in that EEA state, for an indefinite period, and

(ii)35is a national of an EEA state or a company or firm mentioned in Article 48 of the EEC Treaty;

(b)the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a 40service provider;

(c)where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider’s 45activities relating to that service.”

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Section 16

SCHEDULE 5Abolition of the TDA: consequential amendments

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

1In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the 5Table (definition of public records: other establishments and organisations) omit “Training and Development Agency for Schools.” and “Teacher Training Agency.”

4In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Training and Development Agency for Schools in receipt of remuneration.

5In section 1(3) of the Education (Fees and Awards) Act 1983 (institutions in respect of which regulations may provide for differential fees), in paragraph (e), for “support under section 78 of that Act from the Training and Development Agency for Schools” substitute “assistance—

(i)25from the Secretary of State or the Welsh Ministers under section 14 of the Education Act 2002, or

(ii)from a person who is receiving financial assistance under that section;”.

EA 1994

630Part 1 of EA 1994 (teacher training) is amended as follows.

7Section 11A (general duty of Secretary of State and Welsh Ministers with respect to teacher training) is repealed.

8In section 18B (inspection of teacher training), in subsections (3) and (8), for “Training and Development Agency for Schools” substitute “Secretary of 35State”.

9In section 18C (inspection of teacher training in Wales), in subsection (12)(b), omit “or the Training and Development Agency for Schools”.